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mentioned, do consent and authorize the surveyor of the highways of the Oke's Synop.
L. M. 23. Licence from Justices at Special Sessions to dig, fc. Materials. (Id.
s. 53). In Sched, to Act.
the said county.
Whereas by an act passed in the fifth and sixth years of the to wit. S reign of King William the Fourth, intituled “ An Act,” &c. [here set out title of uct,] the surveyor is authorized to dig, get, take, and carry away, materials lying upon any lands or grounds within the parish for which he is appointed, for the use and benefit of the highways, but not without the consent of the occupier or owner of such lands or grounds, or his agent, or a licence from the justices at a special sessions for the highways: And whereas it appears to us — -, her Majesty's justices of the peace for the said county, and acting within the said (hundred, &c.] at a special sessions for the highways assembled, upon the oath of C. D. the said surveyor (or one of the surveyors), that he hath applied to A. B. of for his consent to dig, get, take, and carry away materials from the lands called or known by the names of and in his occupation (or of which he is the owner, or in the occupation of J. K., or of which J. K. is the owner, and the said A. B. his agent] within the said (parish, &c.) for the purposes aforesaid ; and that the said materials are necessary for the repairs of the highways, and that the said A. B. hath refused to permit the same to be dug, got, taken, and carried away ;, and the said A. B. having been duly summoned to appear before us to show cause why such permission should not be granted, and having appeared before us accordingly (or having sent bis steward or agent, or C. D. on bis behalf
, to attend us on that occasion, or but not having appeared], we have heard what has been alleged, and taken the said matter into consideration, and are of opinion that the said materials are necessary and ought to be dug, got, taken, and carried away for the purposes aforesaid : Therefore we do hereby give our licence to the said surveyor (or surveyors) to dig, get, take, and carry away the same accordingly, the said surveyor making satisfaction for the same, and also for the damage done to such lands, in the manner directed by the said act. Given under our hands the
one thousand eight hundred and
24. Licence from Justices at a Special Sessions to get Materials in another
Parish. (Id. s. 54). In Sched. to Act. 1 At a special session for the highways held at in the to wit. Shundred, &c. of in the said county, by justices of the peace
for the said county, acting within the said hundred, on the
day of It appearing to us, upon evidence this day received, that sufficient materials cannot conveniently be had within the waste lands, com
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mon grounds, rivers, or brooks, nor in the inclosed lands or grounds, 2nd. ed. p. 374. lying within the [parish, &c.] of - , in the said hundred, for the
repairs of the highways within the said (parish), nor in the waste
25. Information to enable Justices to fix Boundaries of Highwuy lying
in two Parishes. (Id. s. 58.) Given in Act, No. 12. County of At a special sessions for the highways holden &c., J. S.,
Š the surveyor (or one of the surveyors) of the parish of A., came before the justices aforesaid and informed them that there is in the said county a certain common highway leading from M. to N., and that there is a certain part of the said highway, that is to say, so much thereof as lies between a certain place called C. and a certain other place called D., being in length (as the case may be], one side of which last-mentioned
part of the said highway adjoining to the parish of A. lies within the said parish of A., and is to be, and of right ought to be, repaired by the said parish of A. (or by &c., describing the body politic or corporate, or person, liable to the repair); and that the other side of the same part of the said highway adjoining to the parish of B. lies within the parish of B., and is to be, and of right ought to be, repaired by the said parish of B. (or by &c.], and stating that the repair of the said highway is very inconvenient to the parishes aforesaid, and the want thereof detrimental to the public; and therefore praying that such part of the said highway may be allotted and apportioned for the repair thereof, by the justices aforesaid, to the said several parishes of A. and B. (or to 8c.], in the manner directed by an act passed in the fifth and sixth years of the reign of King William the Fourth, intituled “ An Act,” &c. (set out title of act.]
(Signed) J. S., one of the surveyors of parish of A. The above application was made to us the day and year first above written.
26. Summons to be subjoined to a Copy of the above Information. (Id.)
Given in Act, No. 13.
any or either of them.
3 Majesty's justices of the peace for the said county, at a special sessions for the highways, by J. Š. the surveyor (or one of the surveyors) of the parish of A. in the said county, a true copy whereof is above Oke's Synop. written : These are, in her Majesty's name, to summon you, any or either 2nd ed. p. 374. of you, to appear before us at —, in the said county, on the day of , to show cause (if any) why an allotment and apportionment of the highways therein mentioned should not be made according to the provisions of the act referred to in the said information. Herein fail not. Given under our hands, this
27. Final Order and Adjudication, to be filed with the Clerk of the Peace.
(ld.) Given in Act, No. 14. Whereas &c. 1. State the original application. 2. The summons.
3. The appearance, and that the parties were heard, or their non-appearance.
Now we, the justices aforesaid, having fully heard and understood the premises, do declare, adjudge and order that the said highway shall be divided in the following manner, (that is to say) that at the distance of
-, measuring from the place called C., there shall be erected certain posts or stones, E. and F., on each side of the said highway, and the whole of the said highway from the place called C. to such posts or stones shall be from time to time, and at all times hereafter, repaired by the parish of A. (or by fc.), and the whole of the said highway from such posts or stones, to the place called D., shall from time to time, and at all times hereafter, be repaired by the parish of B. (or by &c.]
In witness whereof we have hereunto set our hands, this of
J. P. (L. s.)
28. Summons lo show cause why a Highway, repaired ratione tenure, &c.
should not be made a Parish Highway. (Id. s. 62.) From Shelford,
To A. B., surveyor of the highways of the parish of in the
county of Whereas application has been made to me, J. P., one of her Majesty's justices of the peace for the said county, by E. F. of the parish of for the purpose of making the following highway a parish highway, and to be repaired in future by the surveyor of the said parish, (that is to say) a certain highway situate in the said parish, and called highway, (and to the repair of which the said E. F. is now liable, by reason of his tenure of certain lands and tenements, situate at 0. aforesaid,) (or as the case may be, describing the highway particularly]: These are therefore to require you personally to appear before the justices to be assembled at the next special sessions for the highways, to be holden at in the said county, &c., on the
at the hour of innoon, &c. in order that the justices may then and there proceed to determine the matter in respect of which the said application has been so made as aforesaid by the said E. F., who is likewise directed to be then and there present, to make good the same. Herein fail not. Given under my hand this - day of
29. Order thereon. (Id. s. 62.) From Shelford, p. 226. 2nd ed. p. 374.
[Caption as in Form No. 13, ante, p. 367.)
30. Application on Oath to One Justice by Surveyor for Summons to Owner to show cause why his Hedges, &c., are not cui. (Id. s. 65.)]— Proceed as in General Form of Complaint, No. 1, ante, p. 23, then :--that a certain carriageway (or cartway) situate in the said parish, leading from
is prejudiced by the shade of certain hedges of c. D. on the right hand side of the said carriageway (or cartway], and extending from
and by divers trees of the said C. D. on the same side of the said carriageway (or cartway), and adjoining thereto (not being trees planted for ornament or for shelter to any hop ground, house, building, or courtyard of the said C. D.), and growing in and near such hedges of the said C. D., whereby the sun and wind are excluded from such carriageway (or cartway) to the damage thereof.
31. Summons to the Owner to appear at Special Sessions. (Id.)]— Proceed as in the General Form, No. 8 (A.), ante, p. 26, reciting the application, No. 30, supra, and instead of " to answer, &c." say—to show cause why the said hedges are not cut, pruned, or plashed, and such trees not pruned or lopped in such manner that the said carriageway (or cartway) may not be prejudiced by the shade thereof, and that the sun and wind may not be excluded from such carriageway (or cartway) to the damage thereof.
32. Order (a) for Owner of Land to prune Hedges and cut down Trees.
(Id. s. 65.) From Shelford, p. 223.
[Caption as in Form No. 13, ante, p. 367.] Whereas application and complaint was, on the day of — last, made on oath before J. S., Esquire, one of her Majesty's justices of the peace in and for the said county of C., acting in and for the said division, by A. B., surveyor of the highways of the parish of in the said county and division, that a certain, &c. [recite applicution, No. 30, supra, to the end, then:] And whereas it hath been duly proved before us, the
(a) If this order be not obeyed, the surveyor will have to lay another information, and the justices in special sessions make another order for levying the expenses of cutting, &c.
undersigned, the justices present at the said special sessions, that the said Oke's Synop.
in pursuance of a summons duly served upon him to answer
sufficient cause, &c.]
&c.: Now we, upon duly considering the circumstances of the case, do hereby order and direct that such hedges be cut, plashed and pruned so as not to exceed the height of from the surface of the land on which the same are situate, and that all such trees as grow in and near such hedges in the lands of the said C. D., adjoining the said carriageway (or cartway) (not being trees planted for ornament or for shelter to any hop ground, bouse, building, or courtyard of the said C. D.), be pruned or lopped, so that the said carriageway (or cartway] shall not be prejudiced by the shade thereof, and so that the sun and wind may not be excluded from such carriageway (or cartway) to the damage thereof : And we do further order, that in case the said C. D. shall not comply with this order within ten days after a copy of this order shall have been left at the usual place of abode of the said C. D., or of his steward or agent, that then the said A. B., the surveyor aforesaid, do cut, prune, or plash such hedges, and prune or lop such trees in manner directed by this order, to the best of his skill and judgment, and according to the true intent and meaning of the“ Act to consolidate and amend the Laws relating to Highways in that part of Great Britain called England," and proceed against the said C. D. immediately afterwards for recovery of the penalties and charges he will thereby incur. Given under our hands and seals the day and year first above written.
C. D. (L. S.)
E. F. (L. s.) 33. Justices' Notice to Surveyor to show cause why a poor Labourer
should not be excused from Highway Rates. (Id. s. 32.) From Shel-
Whereas E. F. of —, in your sparish], labourer, hath this
the at our special sessions for the highways, to be then and there held, to show cause why the said E. F. should not by us be adjudged to be excused from the payment of such rates or assessments accordingly. Given under our bands and seals, this day of —, in the year of our Lord — at
[Justices' signatures and seals.]